For the second time in just over a month, a federal judge ruled that the Donald Trump government should continue to renew the Deferred Action Permit (DACA) because the elimination of the program was carried out irregularly.
Judge Nicholas Garaufis, a former President Bill Clinton appointee on the U.S. District Court for the Eastern District of NY, concluded the government violated the Administrative Procedure Act (APA) when it ended the program. They said it was more humane to do a six-month phaseout than to have a court end the program abruptly. However, the administration did not provide "legally adequate reasons for doing so".
Ahead of his ruling Tuesday, Garaufis acknowledged it would be best if elected officials - rather than judges - settled on a solution for DACA. The program was originally put in place by the Obama Administration in 2012 to temporarily protect undocumented immigrants who were brought to the United States as children, allowing the "Dreamers" to stay in the country for renewable two-year periods.
"Today's federal court ruling is a victory for over 42,000 New York Dreamers and more than 700,000 Dreamers across the country", Schneiderman said in a statement.
President Donald Trump moved previous year to end the Deferred Action for Childhood Arrivals (DACA) program, telling Congress to find a legislative fix for "Dreamers" who were plunged into legal limbo by his decision.
Garaufis, in a footnote, questioned whether Sessions' conclusion that the program was unconstitutional reflected the administration's position.
The Supreme Court is expected to consider this week whether to take up the administration's appeal of the separate ruling by Judge William Alsup in California, according to news reports. "Based on its review of the record before it, the court concludes that defendants have not done so". A second judge has somehow ruled that the government must continue to accept renewal applications from DACA recipients while other cases play out and Congress works on replacement legislation.
The agency had already begun to accept renewal applications under the first court order. Garaufis linked to a September 5 from President Trump that read, "Congress now has 6 months to legalize DACA (something the Obama Administration was unable to do)".
U.S. Department of Justice attorneys have attempted to argue in the U.S. District Court for the Eastern District of NY about an ongoing "litigation risk" as justification for the government's decision. He said that the courts will vindicate the administration's position that it acted properly in ending the program. As such, it was an unlawful circumvention of Congress.